HomeMy WebLinkAbout20171005000349 STORM WATER EASEMENT AND MAINT AGREEMENT 100517 N\.1 -31 -11 -S
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Return i f .
City of Aubur,
City Clerk 20171005000349
25 West Main
Auburn, WA 98001 EASEMENT Rec: 3154.00
1015/2017 10:22 AM
\ �?^v KING COUNTY,WA
tIRST AMERICAN W
I 54
Above this line reserved for recording information.
STORM WATER EASEMENT AND MAINTENANCE AGREEMENT
FAC 15-0014
Reference#(if applicable): N/A
Grantor/Borrower: WCSS Lakeland Hills 'A' ST Storage LLC
Grantee/Assignee/Beneficiary: City of Auburn
Legal Description/STR: NW `A S31 - T2 I N - R5E, WM
Assessor's Tax Parcel ID#: 665500-0014, 665500-0015
THIS EASEMENT AND AGREEMENT made and entered into this JG i1' day of
TM I , , 2017, by and between the City of Auburn, a municipal corporation
of the /State of Washington, hereinafter referred to as "CITY" and
WCSS Lakeland Hills 'A' ST Storage, LLC, hereinafter referred to as
"PROPERTY OWNER".
WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY
for the construction of improvements for Lakeland Hills 'A' Street Storage located at
4424 'A' ST SE, which create impervious surface; and
WHEREAS, the PROPERTY OWNER and the CITY desire that the elements of a
storm management plan be implemented and maintained to provide adequate performance
for controlling both the quantity and quality of storm drainage; and
WHEREAS, for maintenance of storm system elements, it is necessary to have
appropriate right-of-way to bring in equipment to conduct maintenance functions; and
WHEREAS, maintenance requirement is a covenant running with the land and
binding upon all heirs, successors and assigns of both parties; and
WHEREAS, the parties desire that this Agreement be recorded to advise heirs,
successors and assigns of both parties as to the existence of this easement and agreement;
and
WHEREAS, an easement is needed to bring in maintenance equipment; and
FAC15-0014 Storm\Vater Easement and Maintenance Agreement =,id documents were filed of
Page 1 of 7 .,:cord as an accomodation only.
has not been examined as to
EXCISE T X N. T REQ !RED -pe execution or as to its
ipct noon title
King •. r t rds ivision
By ' AvnitarutY
WHEREAS, the parties arc both desirous of permitting inspection of the storm
management plan elements to make certain that they are functioning properly and for
purposes of determining the appropriate repairs.
NOW, THEREFORE, BASED UPON MUTUAL COVENANTS TO BE
DERIVED THE PARTIES AGREE AS FOLLOWS:
Section 1, EASEMENT
PROPERTY OWNER hereby provides a non-exclusive easement to the City for
access, inspection, and maintenance for the purposes of this Agreement, over, under and on
that real estate described in Exhibit "A" and depicted in Exhibit "B" and on that portion of
the property as showing on the approved Record Drawings revised pursuant to construction
records for the City of Auburn under Permit No. FAC15-0014, which record drawings are
hereby incorporated by reference as if set out in full. This easement shall be a burden to
that real estate which is legally described and depicted attached as Exhibit "A" & "B" and
incorporated herein by this reference, and shall be a benefit to the City Storm Drainage
Utility System.
Section 2, HEIRS, SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon the heirs, successors and assigns of' the
parties.
Section 3, MAINTENANCE
The PROPERTY OWNER agrees to maintain the storm system in accordance with
the ordinances and all applicable codes of the CITY and the Maintenance and Operation
Manual included as "Appendix A" in the approved Stormwater Site Plan Report
dated July 20, 2015 w/Revision 2 dated 3/29/16 and approved as part of
Permit No. FAC 15-0014 and incorporated herein by this reference as if set out in full. The
PROPERTY OWNER does hereby agree that the CITY may enter onto the property of the
PROPERTY OWNER via the easement described above to inspect and perform necessary
maintenance it; after the PROPERTY OWNER is given notice to maintain, the
PROPERTY OWNER fails to maintain. Further, the PROPERTY OWNER agrees the
CITY may enter onto the property of PROPERTY OWNER via the easement described
above to perform emergency maintenance in the event of failure of the storm management
plan elements which might result in adverse impacts(s) on public facilities or private
facilities of other property owners. In both events the PROPERTY OWNER agrees to
reimburse the CITY for the costs incurred by the CITY in maintaining the storm system.
Should the CITY incur attorney's Ices and/or costs in enforcing the agreement and/or in
maintaining or collecting maintenance fees, the PROPERTY OWNER agrees to pay
reasonable attorney's fees and all costs incurred by the CITY.
FACI5-0014 Storm Water Easement and Maintenance Agreement
Page 2 of 7
The Storm System Includes the following BMP's:
• Detention Pond
• Control Structure
• Catch Basins
• Wetpond
Section 4, ACKNOWLEDGMENT OF OTHER ENFORCEMENT ACTIONS
PROPERTY OWNER acknowledges that there may be liability for violations of
codes that could result in additional fines and/or the possibility of incarceration in addition
to the fees for maintenance should violations occur.
EXECUTED as of the date first written above.
•
Alm attrgiie 7/0:20
Owner Date
STATE OF WASHINGTON )
) ss
COUNTY OF KING
I certify I have known or have satisfactory evidence that DREW BOWLDS is the person
who appeared before me, and said person acknowledged that he signed this instrument on
oath stated that he was authorized to execute the instrument and acknowledge as the
GOVERNOR of WCSS LAKELAND HILLS 'A' STREET STORAGE, LLC
a limited liability company, to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
4c241/17,
Dated
1/9 AA" (>"ye ola 111?„
p - Notary Public^in�and for the State of Washington
�s "up 4% = Residing al MAA e r CD c.rt f
N hq
/4 1). %%%%m%%w• .$1/4 My appointment expires
'I,, FtOF W ,s-
FAC15-0014 Storm Water Easement and Maintenance Agreement
Page 3 of 7
CITY OF AUBURN
ci _
T. Carlaw, Storm Drainage nginer Date
STATE OF WASHINGTON )
)ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Tim Carlaw is the person who
appeared before me, and said person acknowledged that he signed this instrument, on oath
stated that he was authorized to execute the instrument and acknowledged it as the
STORM DRAINAGE ENGINEER of THE CITY OF AUBURN to be the free and
voluntary act of such party for the uses and purposes mentioned in this instrument.
Dated 11,417-
"Ft1 L. o bi -14,A./&,NSG . try GI y�
6: -C% Notary Public in and for the,State of Washington
', --?Ai/.: 4 frolic, s Residing at PccA to L&.n+'-
c ,, .i9_1 2 = My appointment expires ft/(9/19
1f
�i O 'una%a.• �� _
�iht i*ASVOCI.,
MAR/tib
FAC15-0014 Storm Water Easement and Maintenance Agreement
Page 4 of 7
EXHIBIT 'A'
LEGAL DESCRIPTION
Lot 2 and 3, City of Auburn Short Plat No. SPL06-0008, Recorded under King County
Recording NO. 20070425900002, Records of King County, State of Washington.
FAC L5-0014 Storm Water Easement and Maintenance Agreement
Page 5 of 7
EXHIBIT `B' LOT 2
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FAC15-0014 Storm Water Easement and Maintenance Agreement
Page 6 of 7
EXHIBIT 'B' LOT 3
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FACI5-0014 Storm Water Easement and Maintenance Agreement
Page 7 of 7